In what situation may the authority having jurisdiction retroactively apply portions of the code?

The authority having jurisdiction can retroactively apply portions of the code in situations where a distinct hazard to life or adjacent property is evident. This principle ensures that if existing installations or equipment are found to pose a significant risk or danger, the authority can enforce compliance with current safety standards to mitigate that risk.

For example, if an inspector identifies that an older installation is creating a dangerous condition, such as a propane leak or inadequate ventilation, the authority can invoke the latest code requirements to ensure safety and protection for both individuals and surrounding properties. This proactive approach aims to eliminate potential hazards rather than merely dealing with compliance failures after-the-fact.

In contrast, the other situations listed do not necessarily justify retroactive application of code sections. While outdated equipment and inadequate maintenance might raise concerns, they do not automatically indicate an immediate risk that necessitates intervention according to current codes. Similarly, an installation failing an inspection typically results in a requirement for corrections rather than the application of newer code standards unless a new hazard has been identified in the process.